- (1.) THE case relates to compassionate appointment. The only question requires to be determined in this appeal is whether the case of the respondent -writ petitioner Arjun Bhuiyan can be considered for compassionate appointment?
(2.) THE father of the respondent -writ petitioner, namely, (late Mala Bhuiyan ), who was in the service of the appellant M/s Central Coalfields Limited ( hereinafter to be referred as C.C.L.) and died in harness on 25th June 2000. -The dependent son i.e. respondent -writ petitioner applied for compassionate appointment after one year and two months ,which was rejected by the appellant on the ground that the application was time barred. Thereafter, when the respondent -writ petitioner moved this Court, the learned Single Judge giving reference of a decision of this Court in Rupna Manjhi V/s. Central Coalfields Limited, 2003 1 JCR 324 (Jhr.). allowed the writ petition and directed the appellant to consider his case for compassionate appointment. According to the Counsel for the appellants, judgment rendered in the case of 'Rupna Manjhi ' (Supra) is prospective and cannot be relied upon in respect to the death took prior to the judgment. He placed reliance on an unreported decision of this Court in Lal Mani Devi V/s. Central Coalfields Limited in WP.(S) No. 4461 of 2004 Disposed of on 15th September 2004 ,wherein similar view was expressed. In the said case it was noticed that only six months limitation period was prescribed by circular No. 7151 dated 12th December 1995 for filing application for compassionate appointment.
(3.) IN spite of notice and its service , the respondent -writ petitioner did not choose to appear and to contest the case. The averment made by the appellant in the appeal has not been disputed.;